User Agreement
Terms and definitions.
Agreement is this user agreement defining the rights and obligations of the copyright Holder, Users and third parties.
Platform is the website located at Darwin.gold (http://darwin.gold/)
Right Holder is the owner of the Platform.
Business User is a capable individual, individual entrepreneur or legal entity who has visited and / or uses the Platform to implement their business processes, as well as promote business projects, whose status depends on the Registration, and whose opportunities depend on the type of the Service used.
User is a legally capable individual, individual entrepreneur or legal entity who has visited and / or uses the Platform for purposes not related to the implementation of business processes, whose status depends on the Registration, and whose opportunities depend on the type of the Service used.
Registration is the established procedure of actions after which the User is granted access to the Account and Services.
Account is a unique account that allows the Administrator to identify the User by login and password and provides the User with access to the personal backoffice.
Service is part of the platform / website, endowed with certain functionality to provide services to the Users.
Content is any object placed on the platform / website including texts, comments, design elements, graphics, illustrations, video and photo materials, etc., which belong to the Right Holder, Users, third parties.
Applications are rules governing the provision of Services, which are an integral part of the Agreement and subject to application in the presence of contradictions with the text of the Agreement.
Products are services provided by the Company for the development of the computer programs, grouped on the website depending on the nature, conditions and other rules.
Consent is the document "Consent to personal data processing" which determines the procedure for processing personal data and is an integral part of the Agreement.
Means of payment are the financial instruments developed and implemented on the Platform that are owned and fully controlled by the Business User and used by them to promote their business projects. The Platform has no legal relation to the means of payment offered by the Business User.
Place of Conclusion and Execution of this Agreement is Fujairah, U.A.E.
User agreement
1.General terms.
1.1. One Business Code FZ LLC, P.O Box 4422, Fujairah, U.A.E., License No.: 17014/2021 (hereinafter referred to as Darwin.gold), extends an offer to the Internet user (a competent individual utilizing Darwin.gold for personal benefit or acting on behalf of and in the interest of the legal entity they represent) (hereinafter referred to as the User) to utilize Darwin.gold and the services provided therein (hereinafter referred to as the Services) under the stipulations outlined in this user agreement (hereinafter referred to as the Agreement). The Agreement shall come into effect from the moment the User consents to its terms as outlined in clause 1.4 of the Agreement.
1.2. This Agreement governs only the terms and conditions of Darwin.gold using. The provisions of this Agreement are mandatory for all the Users who have registered through Darwin.gold, or started using any of the Services.
The Company offers the User on the terms of the Agreement to use the available on Darwin.gold opportunities and the Services.
1.3. The use of the Services is also regulated by the Company's agreements placed in each section of the respective Service on Darwin.gold. This Agreement may be amended by the Company without any special notifications to the User, to which the User agrees in advance. The new version of the Agreement shall enter into force upon its posting on the Internet at the address specified in this paragraph, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is on the webpage Darwin.gold.
1.4. From the moment of opening any page of any of sections on Darwin.gold by the User from any technical device in the Internet browser, including any mobile application, Darwin.gold as well as at the beginning of the use of any Service, the User agrees to the actual terms of the Agreement in full, without any reservations and exceptions.
Accessing services of Darwin.gold the User acknowledges that he/she has concluded and approved this Agreement and contracts accompanying each of the types of services and products, and also agrees to perform actions on the part of the Company to execute the concluded agreements.
At the same time, obtaining access, as well as any other type of use by the User of Products and Services (purchase of the Product, provision of property and any other actions arising from the execution of contracts or related to them) offered by the Company are qualified as conclusive actions and entail the conclusion of the contract.
If the User disagrees with any of the provisions of the Agreement, the User may not use Darwin.gold and must refrain from using it. If the Company has made any changes to the Agreement in the manner provided for in paragraph 1.3. of this Agreement with which the User does not agree, he/she is obliged to stop using Darwin.gold.
The user's disagreement with the rules of rendering services, Products and the Services of the Company can be expressed only in the form of presentation to the Company of the message with the developed motivation (claim) and actual refusal or immediate termination of use of any products and services of the Company. Notification by the User of the Company of disagreement with certain terms of interaction, without actual termination of the use of the Company's services, does not indicate disagreement of the User. Continued use of the Services and the Products of the Company, even after expressed disagreement, qualifies as approval of the terms by the User, expressed in a passive form.
2. User’s personal account.
2.1. By posting credentials and other data and information and joining the Agreement, the User expresses his/her consent to the Company to process credentials and other data, to reflect them in the User’s profile. The User agrees to transfer accounting and other data to third parties, including for the purposes of their processing, to ensure the functioning of Darwin.gold services, implementation of partnership and other programs and the Services of the Company.
2.2. The purpose of processing the User’s credentials is to provide the latter with the possibility of using the Services and granting the rights to use additional functional software capabilities of Darwin.gold, carrying out advertising campaigns, conducting statistical research and analysis of the statistical data obtained, and the implementation of other actions described in the Agreement. Processing of the User’s credentials is carried out within the period from the moment of registration of the User and until the moment of deletion of his/her account.
2.3. The User agrees that the Company in the process of working with the accounting data has the right to perform the following actions with the accounting data: collection, systematization, accumulation, storage, use, destruction and other necessary for the purpose of execution of the Agreement. After registering an account on Darwin.gold the Company has the right to fill the User's account with content, including adding information about the User's orders, placing advertising and other information. The User undertakes not to post on Darwin.gold Services e-mail addresses and other personal information of the other Users or any third parties without their personal consent to such actions.
2.4. The User is personally responsible for the safety and security of his/her password and information data.
2.5. The Company is not responsible for and does not guarantee the security of the User’s data in the following cases: transmission of the User’s password by the User to third parties (intentionally or inadvertently); third party access to the electronic mailbox of the User with the use of software allowing selection and/or password decoding; access of third parties to the electronic mailbox of the User by simply guessing the password; the User’s non-fulfillment of the recommendations specified in this Agreement or the Service interface.
2.6. The User is solely responsible for the security (resistance to guessing) of the means chosen by him/her to access the account, and also independently ensures their confidentiality.
All actions within or using the Services under the User’s account are considered to be performed by the User himself/herself, except for the cases when the User, in the manner provided for in clause 2.9.1. of this Agreement, notified the Company of unauthorized access to the Services using the User’s account and/or any violation (suspected violation) of the confidentiality of their means of access to the account (password).
2.7. The User undertakes to comply with and implement additional recommendations of the Company in addition to those provided in this Agreement and related to improving the security of his account.
2.8. The user undertakes:
2.8.1. Immediately notify the Company of any unauthorized use of the User's password or account, or any other breach of security.
2.8.2. Log out of his/her account (end each session by clicking the "logout" button) when finishing working with the personal account. The company shall not be liable for any loss or damage of data that may occur due to non-compliance of the recommendations set out in section 2 of this Agreement.
2.9. The User’s password cannot be recovered. Customer support of Darwin.gold may not be able to recover the password when you contact. The company recommends protecting your password and filling out the registration form of the Services accurately, correctly and fully.
2.10. The User has the right to delete his/her account from Darwin.gold at any time.
2.11. By entering into this Agreement, the User confirms that he/she does not belong to persons engaged in financing terrorist activities, carrying out legalization of funds obtained by criminal means, etc. The funds provided by the User for the purchase of products and services of the Company are legal, acquired legally and belong to the User on the basis of ownership. In case of non-fulfillment of these guarantees, the potential user shall refuse to enter into this Agreement. Furthermore Darwin.gold has the right to delete the account of the User in case of non-fulfilment of these guarantees.
2.12. In the case that the User is legally married, he/she ensures that products and services of the Company acquired by him/her at the expense of property belonging exclusively to the User or to property acquired during the marriage, however, the other spouse informed about these intentions to purchase services of the Company and expressed consent.ok
3.General terms on the use of the Services.
3.1. Darwin.gold was established for the purpose of carrying out activities with the assistance of the Users in their activities for the purpose of generating income. Darwin.gold provides access to the Services that are available through a personal computer and mobile devices, both currently existing and those that will be developed in the future.
3.2. The Company does not assume any responsibility for the User's settings, and is not responsible for the compliance of the Service with the User's goals. All issues of granting access rights to the Internet, as well as setting up for this relevant equipment and software products are solved by the User independently and do not fall under the scope of this Agreement.
3.3. The User agrees that the Company may collect anonymized statistical data on Users of the Services.
3.4. The Company has the right to send its users information messages concerning the Services.
3.5. The Company has the right to establish any additional requirements and restrictions in relation to registration on Darwin.gold and use of the Services.
3.6. In order to use Darwin.gold as a set of computer programs, the Company grants the User (licensee) on the terms of a simple (non-exclusive) royalty-free license the right to use free functional (software) features of Darwin.gold.
4. Terms of use of the Services.
4.1. The User is solely responsible to third parties for their actions related to the use of Darwin.gold, including if such actions will lead to violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Services.
4.2. When using the Services, the User may not:
4.2.1. Impersonate another person or representative of the organization and/or the Company, including the staff of Darwin.gold, without having any right to this, as well as use any other forms and methods of illegal representation of other persons in the network, as well as mislead the Company about the properties and characteristics of any subjects or objects.
4.2.2. Send, transmit or otherwise post and/or distribute content of Darwin.gold in the absence of rights to such actions, according to the legislation.
4.2.3. Disrupt the normal operation of Darwin.gold and the Services.
4.2.4. Promote actions aimed at violating the restrictions and prohibitions imposed by the Agreement.
4.2.5. Otherwise violate the norms of any applicable regulation and legislation, including the norms of international law.
4.2.6. Send, upload, or in any other way transmit data that contains any form of virus or other malware or any other code designed to adversely affect computer software, hardware or data of any kind.
4.3. The User, using the functionality of the Services, agrees that the User's information can be transferred and transmitted as required by the Services ordered by the User, and only to the extent necessary for the proper provision of these Services.
4.4. The Company may:
4.4.1. Add, modify, delete Content at its discretion.
4.4.2. Delete information posted on the website and in social networks by the User, when such information violates the terms of this Agreement or the rights of third parties.
4.4.3. Discontinue the operation of the Platform, restrict or terminate access to it for the time necessary for maintenance and/or modernization of the website.
4.5. Settlement system.
4.5.1. The Company, being the owner of the Platform, does not make any payments, does not acquire any rights and obligations from the relations on transfer of payment means, and is not a recipient of funds and property transferred by the Platform users. It is not a payment system, but it acts as a subject providing information services about the facts of settlements between third parties, based on information provided by the Users of the Platform.
4.5.2. In this case, the platform accounting tools, for the execution of which the executive mechanism is used between users, is considered completed from the moment the accounting tools are credited in the User's personal account. termination or refusal from the agreement for the acquisition of platform accounting tools at the will of the User is not acceptable. To inform about upcoming transactions between the Users of the Platform, the Company grants the Users the right to use the Platform's information services about settlements between them.
4.5.3. The Parties can use the information Services “Master account" and "Bonus account”:
– "Master account" is a resource for informing the Users of the Platform about the Commission and/or possibility of making payments between the Users of the Platform in quantitative and/or aggregate terms. The use of this information resource by the Users of the Platform assumes that payments between the Users of the Platform are made in full and without using the platform. At the same time, the completed payments represent the transfer of a security payment aimed at guaranteeing the fulfillment of the obligations towards each other (conclusion and execution of the Agreement) and are not subject to refund.
– "Bonus account” is intended to inform the Users of the Platform about the occurrence, change, or termination of mutual claims for the performance by the Users of the Platform of the obligation to settle accounts with each other.
5. Termination of the User's account.
5.1. The User agrees that the Company reserves the right to terminate the User's account on Darwin.gold at any time without prior notice to the User.
5.2. Account termination may occur for the following reasons:
● violation of the provisions of this Agreement, as well as amendments to it, which are an integral part of it;
● at the appropriate request of the authorities, according to the legislation;
● in case of dissemination by the User of unconfirmed negative information about the Company;
● due to unforeseen technical problems or safety-related circumstances, etc.
5.3. The Company has the right to delete the User's account on Darwin.gold and/or suspend, restrict or terminate access to any of the Services, if the Company finds in the actions of the User signs of violation of the terms of this Agreement, without explaining the reasons for such actions. Furthermore darwin.gold is entitled to take legal proceedings against a User for reimbursement of any and all relevant costs on an indemnity basis resulting from the breach of this Agreement by the User.
6. Exclusive rights to the content of the Services and the Content.
6.1. The User undertakes not to reproduce, copy, repeat, sell or resell, as well as not to use for any commercial purposes and not to make available to the public, not to distribute the program of Darwin.gold in whole or any part of the Services of Darwin.gold (including the Content available to the User through the Services), or access to them, except where the User has previously received such permission from the Company.
6.2. All objects accessible through the Services and Darwin.gold, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects (hereinafter the Content of the Services), as well as any content posted on the Services and Darwin.gold, are objects of exclusive rights of the Right Holder and other rights holders.
6.3. Use of the Content, as well as any other elements of the Services and Darwin.gold is possible only within the functionality offered by a particular Service. No elements of the Content of the Services and Darwin.gold, as well as any content posted on the Services and Darwin.gold, may not be used in any other way without the prior permission of the copyright holder.
Use includes but is not limited to: reproduction, copying, processing, distribution on any basis, display in a frame, etc. Exceptions are the cases expressly provided by law.
The User's use of elements of the Services' content, as well as any content for personal non-commercial use is permitted provided you retain all the copyright, related rights, trademarks, other notices of authorship, save the name (or alias) of the author/right holder's name unchanged, maintaining appropriate object unchanged. Exceptions are cases expressly provided for by law.
7. Suspension of Services in Darwin.gold work.
7.1. The Company has the right to perform preventive works in the Services with temporary suspension of the Services.
7.2. In the case of force-majeure circumstances, and also accidents or failures in hardware-software complexes of third parties cooperating with the Company, or interruption or delay arising from hacking, computer virus, website upgrade, temporary closure from government regulations, changes in applicable laws, regulations or government orders or actions of third parties aimed at suspension or termination of functioning of all or part of the Services, suspension of the Services without notice and without liability to the Users is possible. The User herewith explicitly agrees and accepts that the occurrence of the above mentioned circumstances may lead to abnormal transactions, market interruptions, and other possible abnormal circumstances and darwin.gold reserves the right to refuse to perform their Services and to refuse to execute the User transaction at its sole discretion.
7.3. Furthermore Darwin.gold shall announce on official media channels (e.g. Telegramm) on a yearly basis calendar containing details of those days on which a suspension of Services by Darwin.gold is scheduled.
8. Feedback and complaints procedure.
8.1. The User who believes that his/her rights and interests are violated due to the actions of the Company, can send an appropriate appeal. The Customer Support Service deals with the consideration of requests in accordance with the General procedure for consideration of incoming requests. All requests, including regarding the operation of the Services, the User can send via the chat on any page of the website Darwin.gold or email cto@ Darwin.gold. The User and the Company agree that all possible disputes regarding the Agreement will be resolved in accordance with the provisions of the current legislation of U.A.E.
8.2. All disputes between the parties under this Agreement shall be settled by correspondence and negotiations using the mandatory pre-trial (claim) procedure. In case of failure to reach agreement between the parties through negotiations within sixty (60) calendar days of receipt by the other party of a written claim, the dispute shall be submitted by any interested party to the court at the location of the company (excluding the jurisdiction of any other courts).
8.3. The court's recognition of any provision of the Agreement as invalid or not enforceable shall not entail the invalidity or unenforceability of other provisions of the Agreement. If any provision of this Agreement should be invalid it shall be replaced, to the extent permitted by law, by such provision as most closely reflects the economic intent of the invalid provision.
9. Changes and additions to the Agreement.
9.1. This Agreement may be amended by the Company without any prior notice. Any changes to the Agreement made unilaterally by the Company shall enter into force on the day following the date of publication of such changes on the Darwin.gold on the pages of the corresponding Service. The User undertakes to independently check the Agreement for changes. Consequently, any changes made to this Agreement by the Company will apply to the User of Darwin.gold sites the first time the User use it after the changes have been implemented.Failure by the User to perform actions on familiarization may not serve as a basis for failure by the User to fulfill its obligations and non-compliance by the User with the restrictions established by this Agreement.
9.2. In case of adoption by authorities of the regulatory legal acts affecting entirely or in part functioning of Darwin.gold, the Company also reserves the right to make any changes to the functioning of the Services and Darwin.gold, aimed at bringing the Company's activities in line with the new standards.
9.3. The User has the right to refuse to accept changes and additions to the Agreement and/or individual Services, which means the User's refusal to use Darwin.gold and/or individual Services and all previously granted rights.
10. Responsibility.
The User understands and agrees that:
10.1. The Company does not warrant that the Services will meet your requirements; will be uninterrupted, timely, secure or error-free; the results that may be obtained will be accurate or reliable; quality of any product and other information obtained using the Services will meet the User's expectations, and that all program errors will be corrected. The software of the Services, computer programs with respect to any Services that ensure the functioning of the Services, is licensed to Users on the principle of providing a non-exclusive license, without warranty of performance and technical support.
10.2. The Company shall not be liable for any direct or indirect losses resulting from the use or inability to use the Services and Darwin.gold; due to unauthorized access to User's communications; due to fraudulent activities of third parties.
10.3. The Company is not responsible for the deposit and withdrawal of funds from the User's account when using third parties and third-party organizations.
10.4. The User should obtain professional advice before taking any action relating to blockchain, cryptocurrency, or financial investments. The User agrees that the Company accepts no liability for loss of profit, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
11. Privacy.
11.1 The Company may use some technologies to identify the Users, including the use of cookies. The Company uses cookies for marketing purposes to study the preferences of Users, in order to register visits by the Users of Darwin.gold, remembering pages and links that the Users clicked. The Company uses this information to Darwin.gold and displayed on Darwin.gold advertising as accurately as possible corresponded to the interests of Users. For the same purposes, the Company may also transfer this information to third parties. At the same time, such identification is non-personalized and generalized, the Company monitors the actions of individual Users.
The specified data can be provided to authorized state bodies according to the current legislation.
11.2. Within the functioning of the Services and Darwin.gold the secrecy of messages and the confidentiality of information about Users shall be ensured, except for the cases stipulated by the legislation of U.A.E. and clause 11.1 of this Agreement.
12. Other provisions.
12.1. This Agreement is a contract between the User and the Company regarding the use of the Services of Darwin.gold and supersedes all previous agreements between the User and the Company on the above issues.
12.2. This Agreement shall be governed by and interpreted in accordance with the laws of U.A.E. Issues that are not regulated by this Agreement shall be resolved in accordance with the legislation of U.A.E.
All possible disputes arising out of the relations regulated by this Agreement shall be settled in accordance with the procedure established by the current legislation of U.A.E., according to the norms of the U.A.E. law. Throughout the text of this Agreement, unless expressly stated otherwise, the term "legislation" shall mean the legislation of U.A.E.
12.3. Due to the gratuitousness of the Services provided under this Agreement, the rules on consumer protection provided by the legislation may not be applicable to the relations between the User and the Company.
12.4. Nothing in the Agreement can be understood as the establishment between the User and the Company of partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for in the Agreement.
12.5. If, for any reason, one or more provisions of this Agreement are found to be invalid or unenforceable, this shall not affect the validity or applicability of the remaining provisions of the Agreement.
12.6. Inaction on the part of the Company in case of violation by the User or other users of the provisions of the Agreements does not deprive the Company of the right to take appropriate actions to protect its interests later, and also does not mean the Company's waiver of its rights in case of subsequent similar violations.
12.7. The Company is not giving any explicit or implicit advice regarding tax issues and are not responsible for determining any tax implications connected with the usage of Wallet, the digital or financial assets and/or the holding or disposal of the digital asset and make no representations. The User is solely liable to declare, bear and pay all applicable taxes, duties, imposts, levies, tariffs and surcharges that might be imposed by the laws and regulations of any jurisdiction as a result of or in connection with the holding or disposal of the Funds on the account of the User. For avoidance of doubt, the User is solely liable for all penalties, claims, fines, punishments, liabilities or otherwise arising from his/her underpayment, undue payment or belated payment of any applicable tax.
12.8. The Services of Darwin.gold are primarily intended for Users in the United Arab Emirates only. The Company does not warrant or represent that Darwin.gold or its Content are available in other locations or are legally suitable for use in other locations. The Company is entitled to exclude residents of individual countries from the Services of Darwin.gold at their own discretion. Furthermore any marketing activities of the User regarding the Services of Darwin.gold in the United States of America, Germany or Austria – without prior written consent of the Company - are strictly forbidden.
12.9. Linking to Darwin.gold requires an express written permission by the Company. The link should not use any logos, trade marks or intellectual property displayed without written permission by the Company. Links to Darwin.gold shall be fair and lawful.
12.10. This Agreement is made in the English language.
The current version of the user agreement is always available on the website Darwin.gold.